HomeMy WebLinkAboutLA 8109220559 S-306
RE .0 L LD I I
SEP ZZ 1156 F 'R i
AGREEMENT AND CONVEYANCE BY Tr
RECOR; C' & ELECTIONS
RE: UTILITIES SYSTEMS KING COUNTY
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O THIS AGREEMENT made and entered into this l day of g, r f y- 19 $ ,
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7 by and between the CITY OF RENTON, a municipal corporation of the second class under the
O laws and statutues of the State of Washington, hereinafter referred to as "CITY" and
MICHAEL R. MASTRO hereinafter referred to as "DEVELOPER";
WITNESSET H:
WHEREAS "The Developer" is desirous of installing certain ,f4asewer lines and
appurtenances thereto at, near, or within the hereinbelow described property and to
connect same to the City's Utility System so that such improvements will constitute an
integral part thereof; and
WHEREAS no other property owners or users are presently available to share in the cost
and expense of construction of such improvements and the parties hereto having in mind
the provisions and terms of Chapter 261 of the 1959 Sessions Laws, generally referred to
as a "Municipal Water and Sewer Facilities Act, (RCW 35.91 . 101 et seq)"; and
WHEREAS "The Developer" is willing to pay all the costs and expenses for the installation
of said improvements;
NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES
AS FOLLOWS:
1 . The "Developer" hereby acknowledges and covenants that he is the owner of the
following described property, to-wit;
The S.W. 1/4 of the S.W. 1/4 of the S.E. 1/4 of Section 9; Township 23 N. , Range 5 E. ,
W.M. ; LESS East 1 ac. ; LESS East 200 ft. of S. 430 ft. thereof LESS North 125 ft. of
S. 280 Ft. of W. 155 Ft. LESS roads.
and the "Developer" hereby agrees and covenants to cause to have installed the following
described improvemnts, to-wit:
Approximately 1653 L.F. of 12" sanitary sewer pipe and six manholes together with all
appurtenances in Monroe Ave. N.E. R/W from N.E. 4th St. to N.E. 2nd St. (S.E. 132nd St.)
and such installation to be made in full compliance with all applicable codes and
regulations of the City of Renton. The "Developer" further covenants and warrants that
all expenses and claims in connection with the construction and installation of the
aforesaid improvements, whether for labor or materials or both have been or will be paid
in full , all the "Developer's" expense, and the "Developer" covenants and agrees to hold
the City of Renton harmless from any liability in connection therewith.
2. The "Deve,loper'-' further certifies that the total estimated cost of said
construction, as hereinabove specified will be in the sum of $ 83,245.86
" :: FOR RECORD AT REQUEST OF
CF«jE OF THE CITY CLERK #:_t �,9 E
RENTONr��ULiICIPAI BLDG. CASHSL 00
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2a9 MILL AYE. SO. "e"
UT211, VIA 98055
Based on said total amount of cost, AimxxxstaxpexxsElmaxmxfmotiliox the cost per front
lineal foot (b-th i ke out .the inappf i.cabte paha) of said improvement shall be employed to
determine the pro rata reimbursement to the "Developer" by any owner of real estate,
who did not contribute to the original cost of such improvement, and who subsequently
ON wishes to tap into or hook unto or use said facilities, which tap or hookup shall
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include connections to laterals or branches connecting thereto, all subject to the laws
and ordinances of the City of Renton and the provisions of this Agreement. It is
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0 hereby further agreed that in the event the total actual cost of the aforedescribed
CD improvement shall be different from that set forth hereinabove, then this Agreement
will be duly amended to set forth the total actual cost thereof. The pro rata cost per
lineal front foot is $25.7872.
3. It is hereby found and determined that the construction and installation
said aforedescribed improvement is in the public interest and in furtherance of public
health and sanitation.
4. The "Developer" hereby agrees and covenants to convey, transfers and assign
unto City all right, interest and title in and to said improvements and all appurten-
ances and accessories thereto, free from any claim and encumbrance of any party
whomsoever; City agrees to accept and maintain said improvement as part of its present
Utilities Systems upon approval thereof by the City Engineer and after inspection of
said construction. The "Developer" further agrees and covenants to execute and to
deliver unto the City any and all documents including Quit Claim Deeds and Bills of
Sales that may reasonably be necessary to fully vest title in the City and to
effectuate this conveyance and transfer. The "Developer" further agrees and covenants
to pay unto the City such service or other charges as may be imposed by the Ordinance
of the City of Renton from time to time applicable to like users of the same class.
5. City reserves the right, without affecting the validity or terms of this
Agreement to make or cause to be made extensions to or additions of the above improve-
ment and to allow service connections to be made to said extensions or additions,
without liability on the part of the City.
6. No person, firm or corporation shall be granted a permit or be authorized to
tap into the facility for water or sewer service during the period of 5 years
from date hereof, without first paying unto the City, in addition to any and all other
costs, fees and charges made or assessed for each tap, or for the main facilities
constructed in connection therewith, the amount required by the provisions of this
contract except such charges shall not apply to any extension of the main facility.
All amounts so received by the City shall be paid out by it unto the "Developer" under
the terms of this agreement within sixty (60) days after receipt thereof. Further-
more, in case any tap, hookup or connection is made into any such contracted facility
without such payment having been first made, the legislative body of the City may
cause to have removed such unauthorized tap, hookup or connection, and all connecting
(title or pipe) or related accessories located in the facility of right-of-way, and
dispose of such unauthorized material so removed, without any liability on the part of
the City whatever. It is further agreed and covenanted that upon expiration of the
term of this Agreement; towit: Five (5) years from date hereof, City shall be
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under no further obligation to collect or make any further sums unto the "Developer".
The decision of the City Engineer or his authorized representative in determining or
computing the amount due from any benefited owner who wishes to hookup to such improve-
ment, shall be final and conclusive in all respects.
7. It is further agreed and understood that the aforedescribed improvements to
CT be undertaken and paid for by Developer
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Lo have been or are about to be connected with the Utilities Systems of the City, and
� upon such connection and acceptance by the City through its legislative body, said
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0` extension and/or improvement shall be and become a part of the municipal utilities
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systems.
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8. This agreement shall be placed for record with the King County Auditor's
Office immediately upon execution thereof and all costs of recording shall be the
responsibility of the "Developer".
DATED THIS l'7 / DAY OF SG IfO t P be 6- , 19 X 1.
CITY OF RENTON, a MunicipalSLrtpbck
Corporation DEVELOPER:
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BY 4J • BY:
Mayor
BY: ,d1ie
izz:
Cit Clerk MICHAEL R. MASTRO
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day personally appeared before me,e ,a„-` �— S`* Q
known to be ) 7respectively, of the municipal corpora-
tion that execute �within and foregoing instrument, and acknowledged said instrument
for the uses and purposes therein mentioned, and on oath stated that they were authorized
to execute said instrument and that the seal affixed is the corporate seal of said
corporation.
GIVEN under my hand and official seal this /7 day of �y (; l94P/
2- _ W.
/� - • ,
1 Notary Public in and for •e S ate of:
r Washington, residing i ati , '
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SUBSCRIBED AND SWORN TO BEFORE ME
this day of , 19
Notary Public in and for the State of Washington,
melding e at
i
STATE OF WASHINGTON STATE OF WASHINGTON
ss.
ss. .-:....
•
COUNTY OF Yri•-e249 COUNTY ma.• ••,..
On this day personally appeared before me On this day of , 19 ,
before me, the undersigned, a Notary Public in and for the State of Wash-
1 )21-/-e—h-Aizi ,..7,2447,40 ington, duly commissioned and sworn, personally appeared
to me known to be the individual described in and
cf..., who executed the within and foregoing instrument, and ,
LI) and acknowledged that AG' signed the same to me known to be the President and Secretary,
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0 as ..72,4420 free and voluntary act and deed, respectively,of
c\I for the uses and purposes therein mentioned. the corporation that executed the foregoing instrument, and acknowledged
CV the said instrument to be the free and voluntary act and deed of said corpor-
Ch ation, for the uses and purposes therein mentioned, and on oath stated that
Q ,. authorized to execute the said instrument and that the seal
— ' GIVEN under my hand and official seal this affixed is the corporate seal of said corporation.
C° • -0/ft day of 41,440..u.mare , 19,11.... Witness my hand and official seal hereto affixed the day and year first
...) above written.
I 4 I 222 .`•01-4P ...edr;Pas42-472)
Notary Public in andrfor the State of Wash- Notary Public in and for the State of Washington,
ington, residing at.2r.,444.-72..irded residing at
F. 9257